The Delhi High Court has affirmed that a pregnant woman's bodily autonomy and right to self-determination are fundamental rights protected by the Constitution.

This observation came as the court granted permission for a 27-year-old woman to terminate her 22-week pregnancy, which resulted from a transient live-in relationship. The court was informed that despite the woman being legally married, her husband had abandoned her, and the father of the unborn child had become untraceable.

The woman, who was raising her seven-year-old daughter on her own, sought to terminate her pregnancy under the Medical Termination of Pregnancy Act.

When the woman approached doctors for a termination of pregnancy, they refused due to the gestation period exceeding the 20-week limit set for fetal termination. The High Court, however, observed that continuing the pregnancy could jeopardize the woman's mental well-being, given the likely challenges she would face in her current situation and the foreseeable environment for both herself and the unborn child.

"As a single mother abandoned by her husband, whose current whereabouts remain unknown, the petitioner faces formidable financial and societal challenges.

"Struggling to support her first child on a limited income, she has made a considered decision to seek the termination of her pregnancy at a gestational age of 22 weeks, invoking the provisions of the MTP Act, as amended in 2021," Justice Sanjeev Narula said.

The court stated that the woman’s plea was grounded in her fundamental rights under the Constitution, which guarantees personal liberty. This liberty includes the right to make reproductive choices, such as terminating a pregnancy when continued gestation poses a risk to the woman’s mental health and well-being.

"The Supreme Court has affirmed these rights, emphasising the importance of considering the woman's current health, her life's conditions and her future well-being while making such decisions.

"Therefore, it is clear that a pregnant woman's bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights enshrined under Article 21 of the Constitution," the high court said.

In her plea, the woman stated that on August 8, she felt unwell and consulted a doctor, who informed her through an ultrasound scan that she was 21 weeks and 4 days pregnant. She described the pregnancy as unwanted, resulting from a live-in relationship, and expressed concern about the social stigma and ostracism she would face. Additionally, the woman, who comes from a poor background, highlighted her severe financial constraints, which she believes would make it impossible for her to raise and support a second child.

"The instant writ petition is allowed. The petitioner is permitted to undergo medical termination of pregnancy at a medical facility of her choice.

"The counsel for the petitioner has confirmed that she who has joined the proceedings via video conferencing mechanism understands the possible complications of the procedure for termination at this stage. She has nonetheless decided to undergo the procedure at her own risk and consequences," Justice Sanjeev Narula said.

The court cited a Supreme Court decision emphasizing that the interpretation of the MTP Act and its rules should align with evolving societal norms and advance principles of social justice. It highlighted the Supreme Court's analysis of Rule 3B of the MTP (Amendment) Rules, 2021, which recognizes that significant changes in a woman's marital status can substantially impact her life during an ongoing pregnancy.

This includes scenarios where a woman has been abandoned by her partner or has separated from her partner. The High Court noted that the petitioner’s situation exemplified an unwanted pregnancy under exceptionally difficult circumstances, leading to severe distress and hardship.